International Law Commons^™

Dispute Regarding Navigational And Related Rights (Costa Rica V. Nicaragua), Coalter G. Lathrop

Faculty Scholarship

No abstract provided.

Stepping Stone Or Stumbling Block: Incrementalism And National Climate Change Legislation, Rachel Brewster

Faculty Scholarship

This Article examines the effects of incremental domestic legislation on international negotiations to limit greenhouse gas emissions. Mitigating the effects of climate change is a global public good, which, ultimately, only an international agreement can provide. The common presumption (justified or not) is that national legislation is a step forward to an international agreement. This Article analyzes how national legislation can create a demand for international action but can also preempt or frustrate international efforts. The crucial issue, which has been largely ignored thus far, is how incremental steps at the domestic level alter international negotiations. This paper identifies four …

International Soft Law, Andrew T. Guzman, Timothy L. Meyer

Faculty Scholarship

Although the concept of soft law has existed for years, scholars have not reached consensus on why states use soft law or even whether “soft law” is a coherent analytic category. In part, this confusion reflects a deep diversity in both the types of international agreements and the strategic situations that produce them. In this paper, we advance four complementary explanations for why states use soft law that describe a much broader range of state behavior than has been previously explained.

First, and least significantly, states may use soft law to solve straightforward coordination games in which the existence of …

Degree Of Precision Required In International Criminal Indictments, David O"Brien

War Crimes Memoranda

No abstract provided.

From Gats To Apec: The Impact Of Trade Agreements On Legal Services, Laurel Terry

Faculty Scholarly Works

This article provides a comprehensive overview of the treatment of legal services in the United States' international trade agreements. Although many individuals are now familiar with the General Agreement on Trade in Services (GATS), far fewer realize that legal services are included in at least fifteen international trade agreements to which the United States is a party. This article begins by identifying those trade agreements and other developments including the 2009 Legal Services Initiative of the Asia Pacific Economic Cooperation (APEC). The article continues by explaining the structure of the GATS and comparing its provisions to the provisions found in …

The Domestication Of International Criminal Law: A Proposal For Expanding The International Criminal Court's Sphere Of Influence, 43 J. Marshall L. Rev. 635 (2010), Lisa J. Laplante

UIC Law Review

No abstract provided.

Enhancing The Canada - United States Gateways And Corridors: East, West And Within, Chios Carmody, Sean O'Dell, David Oxner, Hugh Conroy

Canada-United States Law Journal

No abstract provided.

Welcoming Remarks And The Canada - United States Relationship - The Common Cause Agenda, Daniel D. Ujczo, Robert Nobel

Canada-United States Law Journal

No abstract provided.

Canada-United States Economic Competitiveness In A Period Of Financial Instability: A Common Cause Agenda, T. Bradbrooke Smith, Daniel Desjardins, Craig Reed, Jeff Weedman

Canada-United States Law Journal

No abstract provided.

The Future Of The Canada-United States Relationship - Innovation And Technology, Catherine A. Pawluch, Praveen Goyal, Catherine A. Pawluch, Bob William

Canada-United States Law Journal

No abstract provided.

Great Lakes Emerging Legal Issues Regarding The International Boundary Waters Treaty And The Great Lakes Water Quality Agreement, Noah Hall, Murray Clamen, Lorne Thomas, David Naftzger

Canada-United States Law Journal

No abstract provided.

North American Dispute Resolution, Paul Meyer, Elliot J. Feldman, John A. Terry

Canada-United States Law Journal

No abstract provided.

Commemoration Of The 100 Year Anniversary Of The International Boundary Waters Treaty, Peter V. Neffenger

Canada-United States Law Journal

No abstract provided.

Concurrent Jurisdiction And Primacy. What Do The Concepts Of “Concurrent Jurisdiction” And “Primacy” Mean Concretely For The Stl And The Lebanese National Courts? ..., Helena Traner

War Crimes Memoranda

Concurrent Jurisdiction and Primacy. What do the concepts of “concurrent jurisdiction” and “primacy” mean concretely for the STL and the Lebanese national courts? What are the effects on the STL and Lebanese authorities of the deferral of the Hariri case

What Is The Legal Standard For Confirming An Indictment In International Criminal Courts? How Might The Case Law Of The Other International Courts Apply At Stl?, Kevin M. Griffith

War Crimes Memoranda

No abstract provided.

What Is The Practice/Policy At The International Tribunals With Regard To Providing Witnesses Copies Of Their Statements? Do International Tribunals Have Blanket Policies, Or Is It On A Case-By-Case Basis (E.G., If The Witness Asks For It)? What Is The Practice In National Jurisdictions?, Yedga Sikod

War Crimes Memoranda

No abstract provided.

Was Forced Marriage A Crime Against Humanity Under Customary International Law In 1975?, Allyson Justine Montgomery

War Crimes Memoranda

No abstract provided.

The Use Of Sealed Indictments In International Law And The Issuance Of Sealed Indictments Ex Parte. Specifically Addressing The Case Law Of The International Tribunals As It Pertains To Sealed Indictments. Also, Whether It Is Legally Possible To Issue Sealed Indictments Ex Parte., Gregory L. Watkins

War Crimes Memoranda

No abstract provided.

Proceeding In The Physical Absence Of The Accused, And The Use Of Technology, Jon-Paul Mcconnell

War Crimes Memoranda

No abstract provided.

Customary International Law Status Of The Enumerated Crimes Of Article 5 Of The Extraordinary Chambers In The Courts Of Cambodia Law And Whether They Are Prosecutable, Andrew Bader

War Crimes Memoranda

No abstract provided.

Head Of State Immunity And Immunity Claims Against Witness Subpoena Requests. Specifically Addressing The Scope Of Head Of State And State Official Immunity, And Whether Claims Of Immunity May Successfully Prevent Witness Subpoena Requests At International And Hybrid Tribunals., Iskra Miralem

War Crimes Memoranda

No abstract provided.

Does Terrorism Constitute A Crime Under International Law And, If So, What Is Its Definition. Specifically Addressing The Argument That A Limited Definition Of Terrorism Has Emerged In Customary International Law That Provides For International Criminal Liability For Individual Non-State Actors., Avrum Jacobson

War Crimes Memoranda

No abstract provided.

Potential Procedural Problems With Applying International Standards In Domestic Kenyan Courts, Kimberly M. Brown

War Crimes Memoranda

No abstract provided.

Under What Conditions Would The Involvement Of A Judge In The Adoption Of A Piece Of Legislation Warrant His Recusal (Or Removal) From The Bench On Grounds Of Lack Of Impartiality Or Appearance Thereof?, Brandon J. Wheeler

War Crimes Memoranda

No abstract provided.

Accused’S Right To Document Translation..., John K. Sawyer

War Crimes Memoranda

Specifically addressing what the rights are of the accused to the translation of documents (in his or her own language and/or in the language of his or her counsel) and the concomitant obligations of the parties. Also, the issues were examined with reference to the 20 February 2009 Pre-Trial Chamber decision in Khieu Samphan’s appeal.

Appeal Based On Inadequate Representation, Ugochi Madubata

War Crimes Memoranda

No abstract provided.

Can The Trial Chamber Add Charges To The Indictment Based On The Discovery Of Evidence At Trial?, Danamarie Pannella

War Crimes Memoranda

No abstract provided.

Chapeau Elements Of Crimes Against Humanity, Crimes Against Humanity, Crimes Against Humanity And Chapeau Elements, R. Garrison Mason Jr.

War Crimes Memoranda

No abstract provided.

Making Room For Sexual Orientation And Gender Identity In International Human Rights Law: An Introduction To The Yogyakarta Principles, David Brown

Michigan Journal of International Law

This Note evaluates the Yogyakarta Principles' legal and inspirational capacity to drive the development of human rights law. Part I describes the most common patterns of violence and discrimination suffered around the world on account of sexual orientation and gender identity, and the process by which the Principles' drafters sought to apply principles of international law to stem these outrages by developing a restatement of international human rights law that would leave no doubt as to their illegality. Part II assesses the Principles' claim to accuracy as a restatement of existing, binding international law. It shows that the most basic …

The Michigan Guidelines On The Right To Work

Michigan Journal of International Law

The right to work is fundamental to human dignity. It is central to survival and development of the human personality. According to the International Labour Organization (ILO), decent work "sums up the aspirations of people in their working lives-for opportunity and income; rights, voice and recognition ..." Work is interrelated, interdependent with, and indivisible from the rights to life, equality, the highest attainable standard of physical and mental health, an adequate standard of living, the right to social security and/or social assistance, freedom of movement, freedom of association, and the rights to privacy and family life, among others.